Posts tagged Lawsuits.

This will be a long slog.

(You've been warned.)

As I reported Tuesday, a federal judge has ruled that the wellness regulations issued by the Equal Employment Opportunity Commission are invalid. Judge John D. Bates of the District of Columbia did not vacate the rules but remanded them to the EEOC to address the rules' "failings." Now that I've had a chance to read the decision, I ...

Two court decisions came out last week that ought to scare the heck out of employers.

Both involved employers who seem to have been aware of their legal obligations and tried to comply. The employers lost their cases because they either didn't go far enough, or didn't pay enough attention to "optics."

https://www.youtube.com/watch?v=oPwrodxghrw

I'd like to talk about each of these ...

Would you believe we have another ConstangyTV Close-Up on Workplace Law? We do! In our August show, host Leigh Tyson talks with Heather Owen of our Jacksonville Office (esteemed proprietor of FOCUS, our women's leadership blog) about coordinating reasonable accommodation obligations under the Americans with Disabilities Act and leave under the Family and Medical Leave Act ...

As our readers know, discrimination against transgender individuals is often treated as sex discrimination under Title VII, as a form of unlawful "sex stereotyping."

But is it also a "disability" within the meaning of the Americans with Disabilities Act when an individual identifies with a gender other than his or her biological one?

Caitlin Jenner.flickrCC.MikeMozart

Transgender individuals don't usually invoke the ...

I'm going to have to make this a regular series.Dog Writer.flickrCC.Canine-to-Five

A few weeks ago, I posted about an "Ask Amy" column involving a bullying boss, which I thought had really poor employment law advice. (To her credit, Amy posted not one, but two, corrections not long afterward.)

Last week, Karla Miller of the "Work Advice" column in The Washington Post -- who is a bona fide "HR advice" columnist, and a very ...

I've written here and here about the lawsuit filed by the AARP against the U.S. Equal Employment Opportunity Commission, seeking to invalidate the EEOC regulations relating to wellness programs and the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act.

On Wednesday, the EEOC filed a motion asking the court to throw out the lawsuit. The EEOC argues ...

A federal judge in the District of Columbia has denied the AARP's request for a preliminary injunction against the wellness rules issued by the Equal Employment OpportunityThumbs Down.flickrCC.CharlesLeBlanc Commission last May. As a result, the EEOC rules -- which establish when participation in an employer-sponsored wellness program is "voluntary" within the meaning of the Americans with Disabilities Act and the ...

The Equal Employment Opportunity Commission is only the latest in a string of federal agencies who've been sued recently in an effort to stop their regulations from taking effect.

MichelleObamaAARP.flickrCC.MikeLicht
DISCLAIMER: The First Lady does not necessarily endorse this lawsuit.

We have the two lawsuits against the U.S. Department of Labor challenging the overtime rule that is scheduled to take effect on ...

Mr. Peanut 2.flickrCC.ChristineMajul
"Who done it?"

I'm a week late with this follow-up. (Sorry.)

Two weeks ago, I posted about an employee (fictionally named "Zoey") who had a peanut allergy. After she asked a peanut-butter-loving co-worker ("Addison") to be considerate, Zoey found a big glob of peanut butter smeared under her desk, which caused her to get sick. Addison denied being responsible.

To recap from last ...

The Equal Employment Opportunity Commission has issued a sample "wellness notice" that employers can give to employees before they are asked to provide medical information in connection with wellness-related health risk assessments or biometric screenings.

The notice provides information about employees' rights, and will beHuman Body.flickrCC.WilliamCreswell required in some form for all wellness plan years ...

Robin Shea has 30 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act). 
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